In an action on a contract to procure a purchaser for defendant's land plaintiff contended that he found a purchaser and that the sale was not consummated solely because of defendant's defective title; defendant testified that he at one time told plaintiff he had only an option, and that plaintiff requested him, whenever he thought the title all right, to give him a chance to buy; afterwards defendant received a deed for the land, and he tendered a warranty deed thereof to the purchasers. Held, that it was not error to refuse an instruction that if plaintiff knew that defendant had only an option and that, under the agreement, a sale was to be made by plaintiff at not less than a specified amount and that his commission was to be all above that amount, plaintiff could not recover. Weaver v. Richards, 150 Mich. 20, 113 N. W. 867, 14 D. L. N. 617. See also Sec. 87.